The Office of General Counsel issued
the following opinion on May 31, 2005, representing the position of the New York State
Insurance Department.

Re: Discounts for Completing a Defensive
Driving Course

Question Presented:

Does the discount required by § 2336 for
completing a defensive driving course apply to all vehicles principally operated by the
person completing the course?

Conclusion:

Yes, the discount applies to all vehicles
as long as the person who took the course is the principal operator of those vehicles.

Facts:

No facts are given. The inquiry was a
general question as to whether the discount for completing a defensive driving course
applies to all vehicles principally operated by the person completing the course.

Analysis:

(a) Any schedule of rates or rating plan
for motor vehicle liability and collision insurance submitted to the superintendent shall
provide for an appropriate reduction in premium charges for any insured for a three year
period after successfully completing a motor vehicle accident prevention course . . . .

If the principal operator of a motor
vehicle has successfully completed an acceptable accident prevention course, then
the insurer of such motor vehicle shall, for a period of three years following completion
of the course, reduce the liability premium of the insured . . . (emphasis in original).

The Circular Letter states that the
discount received for taking a defensive driving course is available if the principal
operator of the vehicle completes the course. Section 2336(a) was later amended to apply
to collision in addition to liability coverage. This discount is not limited to only one
vehicle. Rather, it applies to all vehicles principally operated by the person taking such
a course. An individual may be the principal operator for more than one vehicle, resulting
in discounts for all such vehicles.

For further information you may contact Principal Attorney
Paul A. Zuckerman at the New York City Office.